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Jurors Recommend Death Penalty for Man Who Gunned Down Church Elder

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TIMES STAFF WRITER

A Superior Court jury on Tuesday recommended that a reputed gang member with a long criminal record die in the gas chamber for killing a Santa Ana church elder during a spree of shootings and robberies.

After three days of deliberation, the jury rejected Tracy Lavelle Carter’s pronouncements of innocence from the witness stand and decided that he should be put to death in the slaying of David Eugene Thompson, an elder of the Zion Apostolic Church in Santa Ana.

The jury of seven women and five men further recommended that Carter, 21, who is a member of the 74 Hoover Crips street gang, receive life in prison without possibility of parole for killing Leopoldo Salgado.

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Salgado, 48, of Los Angeles, and Thompson, 27, of Tustin, were robbed and shot within 90 minutes of each other in South-Central Los Angeles on April 9, 1987, during an attempt by Carter and two other young men to obtain money for beer and cigarettes.

Thompson, who has two children, was killed in a telephone booth while his hands were pressed together in prayer and his wife looked on from a few feet away. “Hallelujah, hallelujah,” he said before he was shot in the head.

“I am satisfied with what the jury has concluded,” said Thompson’s widow, Namora. “It didn’t surprise me at all. It’s like a relief to me. Now, it is over with.”

Jurors made their decision after reviewing evidence and hearing arguments from the prosecution and the defense about whether Carter should get the gas chamber for two first-degree murder convictions returned Nov. 2.

Deputy Dist. Atty. Anne Ingalls argued that Carter should get the death penalty because of the serious nature of the offenses, his previous criminal history and his conduct in jail while awaiting trial.

She noted that Carter has been in continuous trouble with the law since he was 11 years old when he was first convicted of robbery and malicious mischief. Except for 14 months of freedom, Carter has been serving time in Los Angeles County Jail and the California Youth Authority for the last seven years, Ingalls said.

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When Thompson and Salgado were gunned down, Carter was on probation for a cocaine possession conviction. He had been released from jail only 1 1/2 months earlier. While in jail on the current murder charges, Ingalls said, Carter was accused of trying to stab to death two inmates.

“I think it is a fabulous verdict and a just verdict,” Ingalls said.

Defense attorney Anthony Alexander contended that Carter did not deserve to die and reiterated his position that his client did not commit the crimes. He could not be reached for comment Tuesday.

Carter testified that he was present when Thompson and Salgado were shot but did not participate in the crimes. His family members told the jury that they thought the defendant was a good person and that they still loved him.

Superior Court Judge Jean Matusinka is scheduled to impose Carter’s sentence on Jan. 12. Although she must consider the jury’s recommendation for death, Matusinka can reject the penalty if she believes that it is not just.

Ingalls said the jury probably gave Carter the death penalty for “the cold-blooded way” he killed Thompson. “He looked him right in the eye as he prayed and pulled the trigger,” she said.

Thompson was killed in a gas station telephone booth at Slauson Avenue and Broadway, where he had gone for help after a bus from his church broke down during an outing. As his wife, Namora, waited in their car, three men accosted them and took $10 from her purse. Then Carter shot Thompson.

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Police said the men took Thompson’s 1986 Hyundai and drove to a liquor store where they bought cigarettes and beer. Ingalls showed that they returned to the store later and shot Salgado when he and a friend refused to give them money.

Carter is the last of three people to be convicted in the slayings. Earlier this year, an accomplice, Andre Moore, 19, was sentenced to 32 years to life in prison. Todd Lavera, 25, received 58 years to life in prison for his role in the crimes.

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